Friday, September 22, 2006
Some Prop. 90 Propaganda
Here's the kind of vague arguments that are being made against 90:
The problem with this argument is that it is incorrect. It's true that Prop. 90 would allow property owners to bring an action against government entities for new regulations including certain types of zoning. What this leaves out is that property owners will be required to show that they have suffered a "substantial economic loss" due to the regulation. It is hard for me to fathom the kind of landscaping ordinance that reduces the value of property. Indeed, the implication that an individual could stop rules that increase property values is absolutely ludicrous.
Under Prop. 90, virtually anyone can sue anytime a government agency passes a new law, ordinance or regulation that a property owner claims devalues his or her property. Because the courts have held in certain circumstances that homeowners' and community associations are "quasi-governmental" entities - they provide services and functions similar to that of a local municipality - they are potentially subject to similar lawsuits under Prop. 90. Things like landscaping ordinances and design guidelines could potentially make Associations liable for payouts to property owners. It's simply unfair that one disgruntled or speculative property owner could lower the property values for an entire neighborhood.
The problem with this argument is that it is incorrect. It's true that Prop. 90 would allow property owners to bring an action against government entities for new regulations including certain types of zoning. What this leaves out is that property owners will be required to show that they have suffered a "substantial economic loss" due to the regulation. It is hard for me to fathom the kind of landscaping ordinance that reduces the value of property. Indeed, the implication that an individual could stop rules that increase property values is absolutely ludicrous.
